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State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Delaware Del. Op. Atty. Gen. 93-I004 (Del.A.G.), 1993 WL 594345 Department of Correction's ability to assess a supervision fee on offenders and determine ability to pay Other applicable opinions
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the
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exclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of: (14) Collecting as a condition of supervision, a fee based on the Accountability Level of the offender. An offender sentenced to an Accountability Level I sanction shall be charged a $10 monthly fee; an offender sentenced to an Accountability Level II sanction shall be charged a $20 monthly fee; and an offender sentenced to an Accountability Level III sanction shall be charged a $25 monthly fee. The Director of Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the monthly fee. Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by the Commissioner of Correction. In the event the Department determines an offender is unable to pay the monthly fee due to lack of employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall remain liable to pay the fee at such time as the Department determines he or she is able to do so. (Emphasis Supplied) For the reasons outlined below, we conclude that the Department is permitted to assess a supervision fee on offenders sentenced prior to the effective date of 11 Del.C. Sec. 6504(14).
Ability to pay
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Ohio no ability to pay Who has the burden of proof in an ability to pay determination? What is the standard of proof required? See Case Law: Liming v. Damos, 979 N.E.2d 297 (Ohio 2012) Fines and fees
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Ohio no Ohio-Attorney General opinion Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? See Case Law: State v. Meyer, 706 N.E.2d 378, 380 (1997); Ohio Rev. Code § 2947.14 ability to pay Fines and fees
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Ohio 2012 Ohio Op. Att'y Gen. No. 2012-039 (Nov. 14, 2012) fines and fees What authority do county or municipal courts have to set fines or fees? County courts can use their fining power to fund various projects, programs, and services of the court
Although a county court has authority to use a special projects fund established under R.C. 1907.24(B)(1) to finance community service programs, nothing in the Ohio Constitution, Revised Code, Ohio Rules
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of Criminal Procedure, or Rules of Superintendence for the Courts of Ohio directs the manner in which a county court may use moneys in a special projects fund to provide such financing. This means that the judges of a county court have the discretion and implied power to use special projects fund moneys in whatever manner is reasonably necessary to make community service programs available to persons who are convicted of, or plead guilty to, a misdemeanor.
Fines and fees